Simpson County Circuit Court, Kentucky
Court-Level Rules, Filing Procedures & Policies
- Rules last changed:
Document Format Requirements1 rule
All petitions requested, completed and signed by persons seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC-275.1, and shall be accepted and filed with the court.
Document Filing Requirements25 rules
Forthwith upon being retained, counsel shall file a written entry of appearance, unless counsel's entry of appearance is apparent from pleadings filed .
Counsel must remain of record until the time to appeal expires unless the Court relieves counsel upon written motion and notice, with a copy of the motion served on the client.
Court's wording
Once having entered appearance, counsel shall remain of record, unless relieved of responsibilities by the Court upon written motion and notice (with copy of said motion served upon the client), until expiration of the time for filing a notice of appeal after the entry of Final Judgment or Order
On pleadings and in their entry of appearance, counsel shall set forth their office address, mailing address, and telephone number
An entry of appearance for a limited purpose must specify the limited nature of counsel’s representation.
Court's wording
Unless counsel specifies otherwise, an entry of appearance is considered to be for all purposes ; an entry of appearance for a limited purpose shall specify the limited nature _` counsel's representation of the client
Counsel must submit a pre-trial compliance document containing the listed witness, jury-instruction, and exhibit information.
Court's wording
Not less than ten days before the pre-trial conference, counsel shall file with the clerk and serve upon opposing counsel a single document titled "pre-trial compliance", which must contain the following (a) The names and addresses of all proposed trial witnesses ; (b) Proposed jury instructions (with citation of supporting authorities) ; and (c) A list and description of proposed trial exhibits
At the pre-trial conference, counsel shall produce the original of all proposed trial exhibits and make same available for identification and for examination by the Court and by opposing counsel
writing as part of the defendant's application, that in the event diversion is granted, any right to a speedy trial or disposition of the charge against him/her is waived .
When diversion is recommended, the Commonwealth must make written recommendation to the Court of conditions for the . pretrial diversion as well as the appropriate sentence to be imposed if the diversion agreement is unsuccessful . KRS 533 .252(3)
The Commonwealth shall make a written recommendation to the Court in response to each application . KRS 533 .250(2) .
The diversion order must address applicable restitution, supervision status and fees, duration sufficient for restitution, compliance with Probation & Parole rules, and the specified conduct conditions.
Court's wording
The Order of Diversion shall include : 1. Restitution, if applicable . See KRS 533 .254 . 2. Whether the diversion shall be supervised or unsupervised (and -2 include supervision fees, if applicable) . Supervision fees shall be not more than $25 .00 and not less than $10 .00 per month . 3. Duration of the diversion, which shall be sufficient to insure payment of restitution where applicable . 4. Require defendant to obey all rules and regulations imposed by Probation & Parole . 5 . As required by KRS 533 .030(1) [conditions of probation- restitution], direct the defendant not to commit any offense during the period of the pretrial diversion . Specifically, direct the defendant to comply with any other provision of KRS 533 .030 or any other condition the Court deems appropriate .
Any such person administering the oath shall fix his/her signature and office in the space provided on the form.
All motions to compel discovery shall contain a certificate, by counsel, that she or he has their differences without a hearing. conferred or corresponded with opposing counsel and that they are unable to reconcile
Motions relating to child custody shall be accompanied by an affidavit(s) that contains a statement of the extent to which the child/children have been in the physical possession of each parent within the Commonwealth of Kentucky for the past six (6) months.
All motions, except those included in an answer, when served on the adverse party, shall contain a date on which said motion shall be heard. Any motion noticed which fails to include the date of the hearing shall be treated as if no motion has been filed.
705 Motions relating to child visitation shall contain a statement setting forth specific reasons why the time-sharing/visitation guidelines incorporated in these rules should not be followed. (See Appendix "B").
When the Court requests them, the parties must file trial memoranda addressing the listed facts, issues, arguments, relief, trial materials, and mediation status.
- Document
- Trial memorandum
Must include
- •Statement of facts
Court's wording
When requested by the Court, Petitioner and Respondent shall file trial memoranda which address the following: 1. A summary of the general facts; 2. A statement of any stipulated facts; 3. A listing of all issues of fact and law for adjudication; 4. A concise statement of each general issue in dispute; 5. Argument with ample supportive citations of authority pertinent to each issue of fact and law; 6. Conclusion setting forth the specific relief sought from the Court; 8. A statement of the status of mediation (if applicable). 7. Any updated witness lists, trial exhibits; etc., and
In requesting one of the alternatives presented above, counsel for a party shall provide in detail the reasons supporting the request.
An attorney must file an entry of appearance as soon as the attorney becomes involved in the case.
Court's wording
becomes involved in the case. If an attorney is being substituted as counsel of record for An attorney shall forthwith file an entry of appearance in a case as soon as he or she another attorney, a motion shall either be filed or an agreed order submitted.
All pleadings must comply with the requirements of KRS Chapters 205, 403, 405, and 407 by providing the personal identifying information required in those chapters.
Protective-order petitions under KRS Chapter 403 or 456 must use form AOC-275.1 and be accepted and filed with the court.
Court's wording
A. All petitions requested, completed and signed by persons seeking protection under KRS Chapter 403 or KRS Chapter 456 shall be made on form AOC-275.1, and shall be accepted and filed with the court. KRS 403.725, KRS 456.030.
If reassignment or transfer occurs, the issuing judge shall re-issue a summons until the matter may be heard by the receiving judge.
Any such person administering the oath shall fix his/her signature and office in the space provided on the form.
The judge reviewing a petition for an order of protection shall indicate in the '¿Court Action" section of the petition whether the resulting action is a domestic violence action under KRS Chapter 403 or an interpersonal protective order action under KRS Chapter
Any such person administering the oath shall affix his/her signature and office in the space provided on the form.
Motions for Default Judgment must be accompanied by a certification that to the best of the counsel's knowledge the defendant is not in the military service of the United States. This is in addition to the certification requirements of CR 55.01.
Filing & Service rules
Filing Timing and Cure Windows
Counsel must file the written entry of appearance forthwith upon retention, except when the appearance is apparent from pleadings filed.
Forthwith upon being retained, counsel shall file a written entry of appearance, unless counsel's entry of appearance is apparent from pleadings filed .
Page 2 | RULE 3 - APPEARANCES BY COUNSEL
Responses and replies must be filed at least two days before the hearing, although the Court may grant relief for good cause.
all responses and replies thereto are to be filed and served on opposing counsel not less than two days prior to the, date of the hearing . For good cause shown, the Court may grant relief from these notice requirements
Page 3 | RULE 4 - SERVICE OF PLEADINGS AND NOTICES
Counsel must file the pre-trial compliance document at least ten days before the pre-trial conference.
Not less than ten days before the pre-trial conference, counsel shall file with the clerk and serve upon opposing counsel a single document titled "pre-trial compliance"
Page 5 | Rule 8.4
provided however that no motion shall be filed or served upon opposing counsel less than five days before the pre- trial conference
provided however that no motion shall be filed or served upon opposing counsel less than five days before the pre- trial conference
Page 5 | Rule 8.5
Pre-trial motions must be filed before the pre-trial conference.
All pre-trial motions must be filed before the pre conference,
Page 7 | RULE 9 - PRE-TRIAL CONFERENCES (CRIMINAL CASES)
Pre-trial motions must be noticed for hearing at or before the pre-trial conference.
and noticed for hearing at or before the pre-trial conference .
Page 7 | RULE 9 - PRE-TRIAL CONFERENCES (CRIMINAL CASES)
An eligible person may apply for a pretrial diversion order after indictment or the filing of an information, no later than seven days before trial.
After indictment or the filing of an information, and no later than seven (7) days before trial, any person eligible for the program may apply to the Circuit Court and the Commonwealth for entry of a pretrial diversion order .
Criminal cases
Page 2 | III. PROCEDURE
Responses, if any, shall be filed and served at least two (2) days prior to the hearing date. These time limits may be waived by the court on a showing of good cause or in the interest of justice.
Responses, if any, shall be filed and served at least two (2) days prior to the hearing date. These time limits may be waived by the court on a showing of good cause or in the interest of justice.
Page 4 | RULE 7. DOMESTIC RELATIONS PRACTICE
An attorney must file an entry of appearance forthwith, as soon as the attorney becomes involved in the case.
becomes involved in the case. If an attorney is being substituted as counsel of record for An attorney shall forthwith file an entry of appearance in a case as soon as he or she another attorney, a motion shall either be filed or an agreed order submitted.
Page 6 | RULE 9. MISCELLANEOUS
The court must review a protective-order petition immediately upon filing.
F. The court shall review a petition for a protective order immediately upon its filing. KRS 403.730, KRS 456.040.
Page 9 | Uniform Protocol for Handling Cases
Petitions should be reviewed within an hour after presentation to a judge or trial commissioner, unless that is impossible because no judge or trial commissioner is available.
Petitions should be reviewed within an hour of presentation to a judge or trial commissioner unless impossible due to no judge or trial commissioner being
Page 9 | Uniform Protocol for Handling Cases
Motions must be filed at least seven days before the hearing, but the court may waive the deadline for good cause or in the interest of justice.
Motions shall be filed at least seven (7) days prior to the scheduled hearing date. These time limits may be waived by the court on a showing of good cause or in the interest of justice.
Page 4 | RULE 7. DOMESTIC RELATIONS PRACTICE
Service and Proof of Service Rules
Responses and replies must be filed and served on opposing counsel at least two days before the hearing, subject to possible relief for good cause.
all responses and replies thereto are to be filed and served on opposing counsel not less than two days prior to the, date of the hearing . For good cause shown, the Court may grant relief from these notice requirements
Page 3 | RULE 4 - SERVICE OF PLEADINGS AND NOTICES
Pleadings and hearing notices must be served on opposing counsel at least five days before the hearing, subject to possible relief for good cause.
All pleadings and notices of hearing are to be served on opposing counsel not less than five days before the hearing. For good cause shown, the Court may grant relief from these notice requirements.
Page 3 | RULE 4 - SERVICE OF PLEADINGS AND NOTICES
A copy of a motion seeking to relieve counsel of responsibilities must be served on the client.
Once having entered appearance, counsel shall remain of record, unless relieved of responsibilities by the Court upon written motion and notice (with copy of said motion served upon the client), until expiration of the time for filing a notice of appeal after the entry of Final Judgment or Order
Page 3 | RULE 3 - APPEARANCES BY COUNSEL
provided however that no motion shall be filed or served upon opposing counsel less than five days before the pre- trial conference
provided however that no motion shall be filed or served upon opposing counsel less than five days before the pre- trial conference
Page 5 | Rule 8.5
Counsel must serve the pre-trial compliance document on opposing counsel at least ten days before the pre-trial conference.
Not less than ten days before the pre-trial conference, counsel shall file with the clerk and serve upon opposing counsel a single document titled "pre-trial compliance"
Page 5 | Rule 8.4
A motion must be served at least five business days before the hearing, subject to waiver by the court for good cause or in the interest of justice.
Service of the motion shall occur at least five (5) business days prior to the hearing date. These time limits may be waived by the court on a showing of good cause or in the interest of justice.
Page 4 | RULE 7. DOMESTIC RELATIONS PRACTICE
Responses, if any, shall be filed and served at least two (2) days prior to the hearing date. These time limits may be waived by the court on a showing of good cause or in the interest of justice.
Responses, if any, shall be filed and served at least two (2) days prior to the hearing date. These time limits may be waived by the court on a showing of good cause or in the interest of justice.
Page 4 | RULE 7. DOMESTIC RELATIONS PRACTICE
Sealing & Redaction Procedures
When statutory personal identifiers are included in pleadings, documents, or exhibits filed with the court, parties must file a redacted copy and an unredacted copy in a marked, sealed envelope.
However, where personal identifiers are required by statute or contained in other documents or exhibits filed with the court, parties shall comply with CR 7.03(1)(b) by filing one copy from which any personal data has been redacted and filing an unredacted copy in a marked and sealed envelope.
Page 6 | RULE 9. MISCELLANEOUS
Pre-Motion Conference Requirements
Before seeking a hearing on a motion to compel discovery, counsel must confer or correspond with opposing counsel and be unable to resolve their differences.
All motions to compel discovery shall contain a certificate, by counsel, that she or he has their differences without a hearing. conferred or corresponded with opposing counsel and that they are unable to reconcile
Page 4 | RULE 7. DOMESTIC RELATIONS PRACTICE
Pending motions will be heard at the pre-trial conference, and motions may be noticed for hearing there.
All pending motions will be heard at the pre-trial conference . Motions may be noticed for hearing at the pre-trial conference,
Page 5 | Rule 8.5
Adjournment & Extension Requirements
If a motion requires an evidentiary hearing, the Court may continue the hearing to another date or time.
If the motion requires an evidentiary hearir Court may continue the hearing to another date or time .
Page 7 | RULE 9 - PRE-TRIAL CONFERENCES (CRIMINAL CASES)
Chambers Communication Rules
The Court must be notified of a settlement at least seventy-two hours before trial to avoid the clerk notifying the jury panel to report.
Unless the Court is notified of settlement at least seventy-two hours in advance of the start of trial, the clerk will notify the jury panel to report for trial .
Page 8 | RULE 11 - SETTLEMENT OF CASES
A party filing a motion must contact the Judicial Secretary to obtain a hearing date and time.
Any party filing a motion shall contact the Judicial Secretary for the assignment of a date and time.
Page 3 | RULE 2. COURT SCHEDULING/MOTION HOUR/PROCEDURES FOR FILING
Motion hearings are scheduled through the clerk, and the requester must be prepared to estimate their duration; hearings expected to exceed 30 minutes are generally scheduled by contacting the Judge, but the clerk may schedule one on a Rule Day if adequate time is available.
Hearings on motions are to be scheduled through the office of the clerk. The person requesting the hearing must be able to tell the clerk the probable amount of time which the hearing will require. The clerk will schedule the hearing for the next available Rule Day, unless the clerk believes the hearing will take more than thirty minutes, in which event the clerk will direct counsel to contact the Judge to schedule the hearing. If there is adequate time available on the Rule Day, the clerk may schedule a hearing which will exceed thirty minutes in the discretion of the clerk.
Page 3 | RULE 5 - SCHEDULING OF HEARINGS AND TRIAL
Counsel must contact the clerk and stay informed about Rule Day schedules.
It is the responsibility of counsel to contact the clerk and keep informed as to the rule day schedules from time to time
Page 4 | RULE 7 - RULE DAYS
After hours and on weekends, petitions may be presented to the Division II Circuit (Family) Court Judge; if unavailable, petitioners must follow the specified judge and trial-commissioner sequence for their county.
C. The following agencies and officers are authorized to take protective order petitions and administer oaths to petitioner after regular business hours and weekends: The Division II Circuit (Family) Court Judge. In the event the Division II Circuit (Family) Court Judge is unavailable, then the petition shall be presented as follows: Allen County First, the District Judge. If said Judge cannot be located, then; Second, the Trial Commissioner of the Simpson County. If the Trial Commissioner cannot be located, then; Third, the Division I Circuit Court Judge. Simpson County First, the Trial Commissioner of Simpson County. If the Trial Commissioner cannot be located, then; Second, the District Court Judge. If said Judge cannot be located, then; Third, the Division I Circuit Court Judge.
Page 10 | Twenty-four Hour Accessibility
Petitioners seeking to initiate contempt proceedings should contact the clerk of the court.
Petitioners seeking to initiate contempt proceedings should contact: The Clerk of the Court.
Page 5 | Contempt Proceedings
Mediation may be scheduled by motion or by contacting the Family Court Judge’s office for a referral and order.
Mediation may be scheduled by motion or by contacting the office of the Family Court Judge for referral and order.
Page 6 | RULE 7. DOMESTIC RELATIONS PRACTICE
After regular business hours and on weekends, petitioners may take protective-order petitions and oaths to the listed sheriff and police offices.
B. The following agencies and offices are authorized to take protective order petitions and administrator oaths to petitioner after regular business hours and weekends: Office of the Allen County Sheriff Office of the Simpson County Sheriff Scottsville Police Department Franklin Police Department
Page 10 | Twenty-four Hour Accessibility
A. The following agencies and officers are authorized to take protective order petitions and administer oaths to petitioner during regular business hours: Office of the Allen Circuit Court Clerk Office of the Simpson Circuit Court Clerk Office of the Allen County Sheriff Office of the Simpson County Sheriff Scottsville Police Department Franklin Police Department Every Clerk, Deputy Clerk, Sheriff, Deputy Sheriff, Chief of Police, and Police Officer of the various offices listed above is authorized to take the oath of the person petitioning for an Emergency Protective Order or Interpersonal Protective Order. Additionally, the Allen and Simpson Circuit Clerks and Deputy Clerks are authorized to take the oath of any person seeking a motion to amend a Domestic Violence Order or Interpersonal Protective Order.
A. The following agencies and officers are authorized to take protective order petitions and administer oaths to petitioner during regular business hours: Office of the Allen Circuit Court Clerk Office of the Simpson Circuit Court Clerk Office of the Allen County Sheriff Office of the Simpson County Sheriff Scottsville Police Department Franklin Police Department Every Clerk, Deputy Clerk, Sheriff, Deputy Sheriff, Chief of Police, and Police Officer of the various offices listed above is authorized to take the oath of the person petitioning for an Emergency Protective Order or Interpersonal Protective Order. Additionally, the Allen and Simpson Circuit Clerks and Deputy Clerks are authorized to take the oath of any person seeking a motion to amend a Domestic Violence Order or Interpersonal Protective Order.
Page 10 | Twenty-four Hour Accessibility
Petitioners seeking to initiate contempt proceedings should contact the Clerk of the Court.
Petitioners seeking to initiate contempt proceedings should contact: The Clerk of the Court.
Page 12 | IV. Contempt Proceedings
Petitioners should contact the Court clerk to initiate contempt proceedings.
Petitioners seeking to initiate contempt proceedings should contact the clerk of the Court.
Page 1 | III. Contempt Proceedings